S 18 Consent MUA Peel Stw-Mill Race IF105WR-ME250307

Department of Environment, Food and Agriculture

Rheynn Chymmyltaght, Bee as Eirinys

Fisheries Directorate Thie Slieau Whallian, Foxdale Road, St. Johns, Isle of Man, IM4 3AS Tel no (01624) 685857 Email: [email protected]

Aaron Carey Paul Carey & Sons Ltd Ballasalla Farm Jurby West Isle of Man IM7 3AS

Quoting Ref: IF105WR-ME250307

7th March 2025

Re: Application for consent to remove material from a riverbed, PA 25/10017/AIR; C8 silt management plan, Mill Race - Pipe Crossings, Neb River network; Section 18, Fisheries Act 2012.

Dear Aaron,

Thank you for contacting Inland Fisheries on the 7th February 2025 formally requesting Section 18 consent for the mill race pipe crossings as part of the surface water management on initial site clearance for the proposed Peel sewage treatment works proposed under condition 9;PA 23/01407/B by the MUA. This is planned to be conducted outside & within the fisheries “working window” as defined by DEFA Fisheries Division.

I am pleased to inform you that DEFA is willing to issue consent subject to the following conditions:

• 1. This consent is only valid for the period 10th March 2025 to 30th September 2025 inclusive (the “specified period”).
• 2. From the 10th March 2025, the gravel removal/movement must only be carried out within the specified locations shown in the methods statement (agreed by Inland Fisheries on Thursday the 6th February 2025). Sediment control must be in place before works begin.
• 3. During the specified period the removal of material from the Laxey River within the contractor working area (defined in the methods statement), must only take place in the period of time between 7.00am and 7.00pm (without prior permission).
• 4. Only the methods stated in your original application are permitted to be used for removal/movement of gravels. For works that may come about at a later date, methods statements will be required and agreed on by DEFA Fisheries, before works can proceed.
• 5. All plant and equipment will be removed from the channel each working day.
• 6. Ensure DEFA Fisheries are notified to carry out fish removals before development of utilities crossing the millrace as fish inhabiting the raceway must be removed from the working area before work begins.

• 7. The working area is effectively isolated, ensuring continuous river water flows below the working area at all times.

• 8. Place effective sediment controls below the working area to control pollution entering the Neb River and millrace and ensure NO direct pumping of contaminated water from the works to any watercourse at any time, nor any filtered or dried sediment to be disposed of in any watercourse. Fisheries Division ask that all surface water is pumped to the filter/run off drain at its highest point to allow dirty water the greatest amount of filtering before reaching the "silt buster" before allowed to enter the Neb River.

• 9. Harmful substances toxic to aquatic life (such as unset concrete) are isolated within the working area and do not enter the watercourse.
• 10. If evidence of negative impact on fish becomes apparent, material removal/movement works must be suspended immediately at the request of DEFA. The Department may remove this suspension and allow material removal/movement works to re-commence, once a review of methods has been completed and any changes to the methods have been implemented to the Department’s satisfaction.

The Neb River contains fish, including salmon (Threatened species), trout and eels (Protected species) and have concerns due to the nature of the proposed works and potential impacts to this fishery. Having met with the project management and contractors on site, proposed controls of surface water are deemed adequate, with daily monitoring required to ensure these measures are effective. If ineffective, further mitigating controls must be employed due to the sensitive timing (migratory fish spawning season protection from October to June inclusive) and valuable fishery this development may impact on.

Please note that this consent, granted under Section 18 of the Fisheries Act 2012, does not negate other legal and statutory obligations, e.g. protection of birds and their nests under the Wildlife Act 1990.

Please do not hesitate to contact me should you require any further advice or information. Yours sincerely,

John Ward Inland Fisheries Policy Manager

Copies to: Ken Milne, Director of Environment Neil Milsom, Head of Fisheries